Short Answer

Yes, maintenance charges are mandatory for all members of a cooperative society, regardless of whether they use any facilities.

Detailed Explanation

Section 61 of the Gujarat Cooperative Societies Act, 1961 empowers the society to levy maintenance charges on its members. This section states that every member is liable to pay maintenance charges as determined by the society. Maintenance charges are essential for the upkeep and maintenance of common areas, facilities, and services provided by the society.

Furthermore, Rule 86 of the Gujarat Cooperative Societies Rules, 1965 provides guidelines on the collection and utilization of maintenance charges. According to this rule, the society must determine the maintenance charges based on factors like the area of the member's premises, amenities provided, and services availed. The rule also specifies the procedure for collecting and utilizing these charges for the benefit of all members.

In practice, maintenance charges are crucial for the smooth functioning and maintenance of the cooperative society. Even if a member does not utilize any facilities, they are still obligated to contribute towards the upkeep of the society's common areas and services. Failure to pay maintenance charges can lead to penalties or legal action by the society.

Real-world Scenarios

• Scenario 1: Mr. A, a member of a cooperative housing society, refuses to pay maintenance charges as he does not use any of the society's facilities. However, as per Section 61 of the Act, he is still liable to pay the charges for the maintenance of common areas and services.

• Scenario 2: Ms. B, a member of a cooperative society, questions the necessity of maintenance charges since she does not avail any amenities. The society explains to her that these charges are essential for the overall upkeep and functioning of the society.

Reference

• Section 61 of the Gujarat Cooperative Societies Act, 1961

• Rule 86 of the Gujarat Cooperative Societies Rules, 1965